United States of America v. Thomas Ramm

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
THOMAS RAMM,
Defendant-Appellant.
No. 21-10143
D.C. No. 3:19-cr-00016-EMC-1
MEMORANDUM*
Appeal from the United States District Court
for the Northern District of California
Edward M. Chen, District Judge, Presiding
Submitted September 14, 2021**
Before: PAEZ, NGUYEN, and OWENS, Circuit Judges.
Thomas Ramm appeals from the district court’s order denying his motion for
compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We have jurisdiction
under 28 U.S.C. § 1291, and we affirm.
Ramm challenges the district court’s conclusion that he did not demonstrate
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
SEP 21 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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extraordinary and compelling reasons warranting his release. The district court did
not abuse its discretion. See United States v. Aruda, 993 F.3d 797, 799 (9th Cir.
2021). The district court’s decision to deny compassionate release based on the
availability of a COVID-19 vaccine and Ramm’s decision to forgo a continuance
of his self-surrender date was not illogical, implausible, or without support in the
record. See United States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018).
We do not reach the parties’ arguments regarding whether compassionate
release is warranted under the 18 U.S.C. § 3553(a) factors because the district
court, having found that there were no extraordinary and compelling reasons for
release, did not address the § 3553(a) factors. See United States v. Keller, 2 F.4th
1278, 1284 (9th Cir. 2021) (a district court may deny a compassionate release
motion on the sole ground that the defendant did not show an “extraordinary and
compelling” reason for release).
AFFIRMED.

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